Luis Gonzalez of Springfield found guilty of drug dealing, despite lawyer's claim he is disabled

SPRINGFIELD – A defense lawyer told a Hampden Superior Court jury that Luis Gonzalez could not be a drug dealer because he is disabled and in wheelchair and therefore helpless to control even his home environment.

He was also found guilty of possession of cocaine with intent to distribute and violation of a drug free school zone.

Judge Bertha D. Josephson Tuesday sentenced him to a year in the Hampden County Correctional Center on the cocaine and heroin charges plus the mandatory two years for the school zone violation.

Luis Gonzalez’ brother and co-defendant, 34-year-old Nicholas Gonzalez, faced the same charges but the jury found him guilty only of possession of heroin and possession of cocaine. He was sentenced to one year probation.

Each defense lawyer, in his closing, highlighted a statement made by Nicholas Gonzalez to police when they raided Luis Gonzalez’ 328 Union Street apartment in May 2011.

Terrence M. Dunphy, Nicholas’ Gonzalez’ lawyer, said Nicholas told police “everything in here is mine” to save his brother Luis, who is partially paralyzed, from getting in trouble. Luis Gonzalez was the victim of a shooting before he came to Springfield.

Dunphy said Nicholas Gonzalez did not live in the apartment – he was just visiting his brother Luis– and there was no evidence to connect Nicholas to the drugs.

Michael J. Hickson, Luis Gonzalez’ lawyer, told jurors his client was vulnerable and had to depend on other people. He said because of his disability he would not know everything going on or kept in his apartment.

He told jurors they should take Nicholas Gonzalez at his word when he told police “everything here is mine.”

Assistant District Attorney Anthony Gulluni argued that the brothers cooperated in a team effort to sell drugs.

Gulluni called the apartment “the Walmart of drug operations.”

Although Luis Gonzalez is in a wheelchair police saw him in the days before they executed the search warrant outside his apartment with his brother and his cell phone in his lap, the prosecutor said.

“The suggestion is he’s bedridden, he’s helpless. I’ll suggest to you otherwise,” Gulluni said. Luis Gonzalez did get help, but that was from his brother in drug dealing, Gulluni argued. 